19 Feb 2024
THERESIA LIUK 1. ) MUHAMMAD HAMIZRIE BIN MOHD AZMI 2. ) HEW WAI HEN ENTERPRISE
- Citation
- BA-12A-56-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-56-11/2023 (Mahkamah Tinggi)
High Court held Sessions Court erred in refusing the amendment; applying Yamaha Motor principles holistically and on the evidence the plaintiff acted bona fide, the proposed substitution of the registered owner was necessary in the interest of justice, was not a tactical manoeuvre and did not produce irremediable prejudice; appeal allowed, Sessions Court decision set aside and matter remitted for trial; costs of appeal to be borne by the appellant (plaintiff).